Safer recruitment

Policy purpose

The Jersey Public service is committed to safeguarding and promoting the welfare of vulnerable people for roles covering regulated activity, including children. This policy provides one such safeguard, in that it sets clear guidance in respect of the recruitment, selection and ongoing management process for persons who will work with vulnerable people and will help to deter, reject, or identify people who are unsuitable to work with vulnerable people.

The Jersey Public Service recognises that our mission to keep our service users safe starts with selecting the right people for the job and continues through high quality supervision, ongoing performance management and appropriate vetting. All our policies are underpinned by our ​public sector values​.​

This policy and procedure aims to:​

Our commitments to you under this policy are:

Policy scope

This policy applies to the recruitment of all employees in scope, who will work with vulnerable people. While its application is not limited to such persons, it is intended to apply to those persons who are recruited to carry out the types of work that may amount to regulated activity as currently defined by the Safeguarding Vulnerable Groups Act 2006. Although the 2006 Act does not apply in Jersey, it is relevant to determining the extent to which criminal record checks may be made and its provisions with respect to barring persons from work with vulnerable people may be extended to Jersey in the future.

This policy applies to all Jersey public servants on permanent and non-permanent contracts of employment who work with or may encounter children, young people, and vulnerable adults in any capacity. This includes, but is not limited to:

The policy also extends to include:

This policy does not directly apply to the following cohorts of staff and workers where other equally robust policies apply:

Performance and a​ccountabilities​

Job applicants, volunteers and existing employees 

They are responsible for:

Recruiting managers

Whilst undertaking recruitment and selection activity on behalf of the Jersey Public Services, managers are required to ensure:

Recruiting managers are also responsible for ensuring that workers who work for the States of Jersey through a contract for services on an interim, locum, self-employed, zero hours or agency basis and voluntary staff or any other basis have been and shall be subject to safer recruitment procedures and are compliant with this Policy.

Chief Officers or their nominee

Chief Officers are responsible for ensuring all polices are implemented effectively within their department.

They are also responsible for ensuring that:

People Services

People Services representatives are responsible for ensuring that:

People Services operational recruitment team (previously known as People Hub)

The People Services operational recruitment team are responsible for providing advice and monitoring any formal processes in line with this policy and procedure. They must ensure that the advice given to recruiting managers is as follows:

They should also escalate to the recruiting manager any concerns they may have regarding the behaviour of the candidate during or after the selection activity including:

Chief People Officer

You are the custodian of all Government of Jersey people policies.

You will ensure that this policy and its procedure are implemented using appropriate  communication methods, to aid organisation wide awareness, in order that responsibilities can be fulfilled.

You will ensure that reviews take place in line with the schedule in the policy control sheet and that development of this policy and procedure is in keeping with the Corporate Policy Framework, People Policy Guidelines and our People Strategy.

States Employment Board

The Board has a duty to issue Codes of Practice in accordance with Article 8 of the Employment of States of Jersey Employees (Jersey) Law 2005. This code will be reviewed at the start of each term of States Employment Board, or earlier where relevant legislation or regulations change.

The procedure

What is safer recruitment

Safer recruitment is a set of practices and guidance used to help deter, reject or identify people who are unsuitable to work with vulnerable people.

​Preparing for the recruitment and selection process

It is essential to plan the recruitment exercise, identifying who should be involved, assigning responsibilities, and setting aside time for the work needed at each stage so that sufficient time is available to cover safeguards.

Follow the safer recruitment and selection guidance:

Recruiting managers should also refer to the Jersey Public Services recruitment and selection policy​.

The application form

Applications must be submitted through the Connect People Talent Acquisition system. Incomplete information will not be accepted and will be returned for completion.

It is important to scrutinise and compare application forms and references to ensure they are completed fully and properly, that the information provided is consistent and does not contain any discrepancies. Gaps in employment should also be identified and reasons for leaving explored.

Any discrepancies should be noted so that they can be clarified and can also form part of the consideration of whether to shortlist. Reasons for a history of repeated changes of employment without any clear career or salary progression, or a move from a permanent post to agency, freelance or temporary work, also needs to be explored and confirmed.

The interview

The selection process should always include a face-to-face interview with ideally at least 2 people forming the interview panel. The interview should assess the merits of each candidate against the job requirements and should explore their suitability to work with vulnerable people.

The interview and interview questions need to be carefully planned with probing questions asked to obtain all relevant information. Interview questions should be competence based and should cover questions that test a candidate’s attitudes, values and understanding of issues.

Original copies of candidate’s identity and educational or professional qualifications need to be checked thoroughly at the interview stage.

In addition to assessing candidates' ability to perform the duties of the post, the interview will also explore issues relating to safeguarding and promoting the welfare of vulnerable people.

Offers of employment​

Once the interview panel has made its decision about the preferred candidate, a conditional offer of appointment to the successful candidate can be made, which is conditional on the satisfactory completion of the employment and vetting checks.

Employment and vetting checks are a necessary requirement of the recruitment and selection process to ensure effective safeguarding in recruitment.

All checks completed must be:

A single central record will be kept by the People Services operational recruitment team of recruitment and vetting checks undertaken to include dates and whether results were positive or satisfactory but not to include any specific details of offences.

The employment and vetting checks carried out on intended new appointees who will work with vulnerable people are outlined below.​

Identity checks

It is important to be sure that the person is who he or she claims to be. Identity checks must be completed for all positions working with vulnerable people.

For workers provided by a third party, identity checks must be completed to include a photographic identity check and obtaining evidence of address.

In some cases, identity concerns may not prevent the appointment of an applicant, because they may be unrelated to safeguarding and may have happened many years ago. These concerns need to be explored with the applicant and properly risk assessed. This risk assessment should be kept on file.

Disclosure and Barring Service checks

The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions and prevent unsuitable individuals from working with vulnerable people.

Information that is part of a DBS check must be treated as confidential. It is an offence for DBS information to be passed to anyone who does not need it in the course of their duties. Recruiters should also be aware that the minimum age for applicants to now apply for a DBS check is 16 years. The applicant must be 16 years of age or over at the time of making the application.

Current employees must comply with the requirement to complete a renewal DBS check after a 3 year period or earlier if requested by People Services, for example if an individual moves job. This may be either in the form of a standard, enhanced or enhanced with barred list check as deemed necessary by the recruiting manager and People Services considering the role within the organisation.

Verification of qualifications​

Verification must always be obtained on any qualifications that candidates claim in their application and that are legally required for the job or that the employer regards as essential. If there is any doubt about the validity of the qualification, or the awarding body, written confirmation should be obtained directly from the awarding body.

For those applying for professional posts, the qualifications and any professional registrations legally required for the job must be confirmed in the same manner.

Candidates should be asked to bring documents confirming any educational and professional qualifications that are necessary or relevant for the post to interview. For example, original or certified copy of a certificate, diploma, or degree. Where original documents or certified copies cannot be provided, written confirmation of the relevant qualifications must be obtained from the awarding body.

Verification of professional registration or status

In some cases, there may be a requirement for an applicant to have a particular status, for example, a registration with a professional body. If required, evidence of such registration should be obtained by the People Services operational recruitment team.

In addition, enquiries should be made with the professional body to establish whether the candidate is subject to any outstanding complaints or investigations.

Verification of candidate’s medical fitness

All successful candidates must complete a fitness for work declaration and if required, receive medical clearance from the Occupational Health Service before their offer of employment can be confirmed.​

Reference checks

The purpose of seeking references is to obtain objective and factual information to support appointment decisions. References should always be sought and obtained directly from the referee. Where there is any concern or discrepancy in a reference received, a follow up phone call to the referee should take place to confirm the referee’s identity and clarify the contents of the reference received. A file note should be kept of the discussion and the referee advised of this at the start of the conversation.

All posts should be subject to the taking up of references as this is an indispensable tool within the safer recruitment process. In all cases references should be obtained to provide professional perspectives on the candidate suitability for the post.

References must cover previous employment over the last 5 years for regulated activity roles and 3 years for non-regulated activity roles.

​Find more information on references in the recruitment and selection policy.

Previous employment history

The application form seeks information about previous employment. Those recruiting should always obtain satisfactory explanations for any gaps in employment.

If a candidate is not currently employed in a position covering vulnerable people, it is advisable to check with the last position they held in this capacity to confirm details of their employment and their reason for leaving. This may mean that an additional reference is required.

Candidates who have lived outside the UK

Extra time will need to be allocated to the employment and vetting checks of applicants who have lived outside the UK. DBS disclosures will not generally show offences committed by UK citizens or residents whilst living abroad and will not include details of any offences committed abroad by foreign nationals who have never lived or worked in the UK. Therefore, in addition to a DBS disclosure, additional checks such as obtaining certificates of good conduct from relevant embassies or police forces are necessary. These checks are obtained through a third party provider​.

Where an applicant is from or has lived in a country where criminal record checks cannot be made, employers must take extra care in taking up references and carrying out other background checks especially identity and qualification checks. Additional references should be sought, and references followed up by phone. The completion of a risk assessment should also take place in such cases.

Right to work in Jersey

A check should be made of the candidates Residential and Employment Status in line with the Control of Housing and Work (Jersey) Law 2012. In the case of foreign nationals, checks need to be made to ensure the candidate has permission to work in Jersey.

Volunteers and agency workers

It is appropriate to obtain a DBS check in respect of volunteers and agency staff who engage in regulated activity. Some types of voluntary work may not meet the definition of regulated activity, because the work is only carried out occasionally and under appropriate supervision. Further guidance can be sought from People Services in relation to those cases, where it may not be possible to obtain a DBS check. In those cases, it is still good practice to obtain references and proof of identity.

Under no circumstance​s must a volunteer or agency staff member, who has not obtained an appropriate DBS disclosure, be left unsupervised with vulnerable people.

If volunteers are to be recruited by another organisation, written assurance should be obtained from that organisation that the person has been recruited and vetted in line with this guidance. Where the DBS check has resulted in disclosed information, the department must obtain a copy of the DBS Disclosure and make an assessment before the individual can start work. The department must also check that the person presenting themselves for work is the same person on whom the checks have been made.

Third party suppliers and commissioned services

There should be an inclusion in any written agreement or contract with a third-party provider or commissioned services setting out responsibility for carrying out the recruitment and vetting checks on staff and volunteers in line with those set out in this policy.

The identity of contractors and their staff should always be checked; this is especially important where the contractor could have an opportunity for contact with vulnerable people.

If contractors are to be recruited by another organisation, written assurance should be obtained from that organisation that the person has been recruited and vetted in line with this guidance. Where the DBS check has resulted in disclosed information, the Department must obtain a copy of the DBS Disclosure and make an assessment before the individual can start work. The department must also check that the person presenting themselves for work is the same person on whom the checks have been made.

Contractors for whom an appropriate DBS check has not been undertaken must be supervised if they will have any contact with vulnerable people.

Commencing employment without all employment clearances

In exceptional circumstances where there is an urgent operational need to start a new employee it may be possible to start the employee without having obtained all pre-employment clearances.

This should only occur in exceptional cases and only one employment clearance should be pending with all other checks being viewed as satisfactory. In such cases, the authorisation of the Human Resources Business Partner and the Chief Officer of the department will be required.

Authorising officers will require a thorough risk assessment to take place before authorisation can be provided and the new employee should not be allowed direct unsupervised contact with vulnerable people.

Audit process

People Services may complete a check of a sample of recruitments that fall under this policy to ensure compliance with the policy. Internal audit may be considered on a risk assessment basis to complete an internal audit at any point to ensure compliance with this policy.

Support and wellbeing​

Your wellbeing is our priority, everyone should feel safe and supported in the workplace, sources of wellbeing support and guidance can be found for public servants on MyStates.

Confidentiality​

An employee’s right to confidentiality is respected however, in circumstances of child protection or the protection of vulnerable adults from abuse, then child protection and adult services may need to be involved and confidentiality may not be guaranteed.

Confidentiality guidance

​Glossary​

Find below our glossary of terms for definitions or explanations.

People Policies Glo​​ssary

Useful documents, links and policies​

​Find more information on the safer recruitment policy in the recruitment and selection policy​ and below.
People Services privacy policy​​

​Jersey Safeguarding Partnership Board​

Jersey Care Commission

​Keeping children​ safe​ in education​​​